The master plan places greater emphasis on regulating form and character of development as well as use and intensity of use in the lakes subdistrict. The Whitmore Lake District (WLD) uses form-based provisions to accomplish the goals of the master plan with a special sensitivity to the contextual relevance of three unique subdistricts within the overall WLD. This unique zoning district allows the township to regulate land use in a more flexible format for this specific area to encourage a viable, dynamic mix of uses while implementing a set of design regulations aimed at creating a walkable, compact destination. Specifically, the WLD will do the following:

(1)

Ensure that development is of human scale, primarily pedestrian-oriented, and designed to create attractive streetscapes and pedestrian spaces.

(2)

Promote mixed-use development in both a horizontal and vertical form.

(3)

Ensure reasonable transition between higher intensity development and adjacent neighborhoods.

(4)

Provide economic development opportunities by allowing a wider range of potential uses and creative redevelopment techniques that will expand the employment base and value of land.

(5)

Provide a simple, predictable, efficient way to allow complex, innovative development that would otherwise require special planning procedures.

(Ord. of 7-22-2013, § 30.01)

(a)

Uses, buildings and structures that are nonconforming to the requirements of this article are subject to the regulations of article XXIX of this chapter.

(b)

The requirements of this article shall not apply to:

(1)

Continuation of an existing permitted use within an existing structure.

(2)

Reoccupation of an existing building with a permitted use.

(3)

The expansion of a conforming existing structure by less than 500 square feet or five percent of the total existing floor area, whichever is less, when the building will be occupied or reoccupied by a permitted use. The exempt expansion as noted may occur only once in any two-year period based on the floor area as it existed prior to the expansion.

(4)

Changes of use within existing structures; provided the new use is permitted in the subdistrict of the WLD where the site is located.

(5)

Normal repair and maintenance of existing structures that do not increase its size.

(6)

Continuation of a legal nonconforming use, building, and/or structure.

(c)

The WLD is divided into three subdistricts. These three subdistricts are identified as the Downtown (WLD-D), Waterfront (WLD-W), and North Village (WLD-NV). These three subdistricts are identified on the official zoning map as separate and distinct subdistricts within the overall WLD zoning classification.

(d)

This article contains a set of regulations unique to the WLD. Specifically, these include:

(1)

General standards that apply to all WLD properties in all three subdistricts. These include special provisions for parking and landscape and streetscape elements.

(2)

A permitted uses table that provides for a dynamic mix of uses throughout the three subdistricts.

(3)

Design standards applicable to all WLD properties in all three subdistricts.

(4)

Form-based dimensional requirements for the WLD-D, WLD-W, and WLD-NV subdistricts. These include special provisions not found in other zoning districts, including:

a.

Minimum and maximum height.

b.

Required building lines and setback lines.

c.

Exemptions and modifications from form-based provisions for streetscape elements.

d.

Parking location.

e.

Lot coverage and open space.

(Ord. of 7-22-2013, § 30.02)

(a)

Parking shall not be required in the WLD. However, when provided on site, parking must comply with the following:

(1)

When parking is located in a side yard (behind the front building line) but fronts on a required building line, no more than 25 percent of the total site's linear feet along the required building line or 60 feet, whichever is greater, shall be occupied by parking.

(2)

For a corner lot or lot with multiple frontages, no more than 25 percent of the total site's linear feet along the required building line or 60 feet, whichever is greater, shall be occupied by parking on both frontages.

(b)

Landscape and streetscape elements shall be required in accordance with section 36-722.

(c)

Parking areas which front on a right-of-way as permitted by subsection (a)(1) of this section shall be screened from the public right-of-way by a 30-inch decorative masonry wall. Such wall may be located directly along the front property line or may be recessed and buffered by a landscape bed three feet in depth.

(Ord. of 7-22-2013, § 30.03)

(a)

Authorized uses are identified in the table below. The uses permitted in the WLD are arranged in a unique manner, referring to the uses permitted in other districts.

(b)

If a use is not listed but is similar to other uses within a category, the zoning administrator may make the interpretation that the use is similar to other uses, and is permitted to the same extent and under the same conditions as the similar use.

Permitted Uses

Uses which are permitted by right (P); uses subject to conditional use approval (C); not permitted uses (NP); or uses permitted on upper floors and subject to conditional use approval on the first floor (UP/C)

(Ord. of 7-22-2013, § 30.04; Ord. No. 16-48, § 2, 4-12-2016; Ord. No. 19-68, § 1, 9-10-2019; Ord. No. 19-66, § E, 11-12-2019; Ord. No. 23-87, § 1, 9-12-2023)

In addition to standards set forth in this article, all proposed development in the WLD shall comply with the standards set forth herein.

(1)

Building design and materials.

a.

Overall design. It is the intent of this article to improve the appearance of and add visual interest to the WLD. Emphasis shall be placed upon methods that focus attention on attractive buildings that front on the adjacent right-of-way.

b.

Materials. Durable building materials, simple configurations, and solid craftsmanship are required. Fifty percent of walls visible from public streets, exclusive of wall areas devoted to meeting transparency and ground story activation requirements, shall be constructed of brick, glass, fiber cement siding, metal (beams, lintels, trim elements, and ornamentation only), wood lap, stucco, split-faced block, or stone. Exterior insulation finishing systems (E.I.F.S.) and vinyl or aluminum siding should only be used for accents.

(2)

Facade variation. The maximum linear length of an uninterrupted building facade facing public streets and/or parks shall be 30 feet. Facade articulation or architectural design variations for building walls facing the street are required to ensure that the building is not monotonous in appearance. Building wall offsets (projections and recesses), cornices, varying building materials or pilasters shall be used to break up the mass of a single building.

(3)

Ground story activation.

a.

Transparency.

1.

The first floors of all buildings shall be designed to encourage and complement pedestrian-scale activity and crime prevention techniques. It is intended that this be accomplished principally by the use of windows and doors arranged so that active uses within the building are visible from or accessible to the street and parking areas are visible to occupants of the building. The first floor of any front facade facing a right-of-way shall be no less than 50 percent windows and doors, and the minimum transparency for facades facing a side street, side yard, or parking area shall be no less than 30 percent of the facade.

2.

Transparency requirements shall not apply to sides which abut an alley.

3.

Windows for building sides shall be concentrated toward the front edge of the building in locations most visible from an urban open space or public right-of-way.

b.

Transparency alternatives. The following alternatives may be used singularly or in combination. They may count toward no more than 80 percent of the transparency requirement.

1.

Wall design. Wall designs that provide visual interest and pedestrian scale may count as a transparency alternative if they provide a minimum of three of the following elements, occurring at intervals no greater than 25 feet horizontally and ten feet vertically:

(i)

Expression of structural system and infill panels through change in plane not less than three inches.

(ii)

System of horizontal and vertical scaling elements, such as belt course, string courses, cornice, and pilasters.

(iii)

System of horizontal and vertical reveals not less than one-inch in width/depth.

(iv)

Variations in material module, pattern, and/or color.

(v)

System of integrated architectural ornamentation.

(vi)

Green screen or planter walls.

(vii)

Translucent, fritted, patterned, or colored glazing.

2.

Outdoor dining/seating. Outdoor dining/seating located between the building and the primary street zone lot line may count toward the transparency requirement. Such spaces must be permanently created by a wall or other permanent improvement defining the outdoor dining area.

3.

Permanent art. Noncommercial art or graphic design of sufficient scale and orientation to be perceived from the public right-of-way and rendered in materials or media appropriate to an exterior urban environment and permanently integrated into the building wall may count toward the transparency requirement.

(4)

Pedestrian access/entrance.

a.

The primary entrance for a nonresidential and/or mixed-use building shall be clearly identifiable and useable and located facing the right-of-way.

b.

A pedestrian connection shall provide a clear, obvious, publicly accessible connection between the primary street upon which the building fronts and the building. The pedestrian connection shall comply with the following:

1.

Fully paved and maintained surface not less than five feet in width.

2.

Unit pavers or concrete distinct from the surrounding parking and drive lane surface.

3.

Located either within a raised median or between wheel stops to protect pedestrians from vehicle overhangs where parking is adjacent.

c.

Additional entrances. If a parking area is located in the rear or side yard, it must also have a direct pedestrian entrance to the building that is of a level of materials quality and design emphasis at least equal to that of the primary entrance.

(Ord. of 7-22-2013, § 30.05)

(a)

The downtown (WLD-D) subdistrict is intended to promote a unified vision for transforming the historic commercial core of the Whitmore Lake community focused on mixed-use development, increased land use intensity, and improved public amenities that is oriented as much to the needs of the pedestrian as to those of the automobile. The flexibility in use regulation inherent in the overall WLD regulations, paired with the prescriptive physical development regulations in the section, will result in a compact, walkable environment that creates new opportunities for investment while protecting quality attributes of the existing area. These regulations are also intended to:

(1)

Encourage the incubation of a residential element within the traditional downtown core to foster a 24-hour community.

(2)

Establish a development pattern in which new buildings and building modifications enhance the character of the existing built environment.

(3)

Orient building entrances and storefronts to the street to add visual interest, put "eyes on the street" for enhanced crime surveillance, increase pedestrian traffic, and create memorable outdoor spaces.

(4)

Limit the impact of off-street parking areas which interrupt the flow and consistency of the "street wall."

(5)

Enhance a sense of place and contribute to the sustainability of the township.

(6)

Allow a pattern of development which will encourage transportation alternatives (walking, biking, and transit) to reduce automobile dependence and fuel consumption.

(7)

Visually distinguish the downtown area from the north village and waterfront subdistricts by encouraging full use of property, consistency, and density while respecting adjacent residential areas.

(8)

Add value to property.

(b)

Form-based regulations. Downtown buildings and sites will be developed in a manner which contributes to the character of the area by maximizing the value of the property and continues the traditional street wall of adjacent historic buildings. WLD-D sites must comply with the following regulations:

*The required building line may be moved back up to 20 additional feet to a maximum of 30 feet beyond the property line for projects incorporating a permanent space for an outdoor cafe, public space, or a cross access drive with an adjacent parcel. Outdoor cafes or public spaces must be developed as part of the primary building and must incorporate a permanent wall or landscaping area along the required building line.

(Ord. of 7-22-2013, § 30.06)

(a)

The waterfront (WLD-W) subdistrict is intended to facilitate a long-term evolution of the Whitmore Lake waterfront from one made up of tightly packed, exclusively residential structures to one of a variety of building forms and open spaces. It is designed to allow for the continued use of residential structures, but to incentivize the aggregation of parcels and redevelopment of sites in a manner that allows for a higher development yield while providing a public benefit in the form of enhanced views of the lake or public open space. Like the downtown and north village subdistricts, it will allow mixed-use development and increased land use intensity and will require improved public amenities oriented as much to the needs of the pedestrian as to those of the automobile. The WLD-W subdistrict will help create an eclectic, yet walkable, environment which creates new opportunities for investment while adding new public amenities, such as enhanced views of Whitmore Lake. These regulations are also intended to:

(1)

Establish a development pattern in which new buildings and building modifications create new opportunities for lakefront views from the downtown subdistrict.

(2)

Orient building entrances and storefronts to the street to add visual interest, put "eyes on the street" for enhanced crime surveillance, increase pedestrian traffic, and create memorable outdoor spaces.

(3)

Utilize off-street parking areas to purposely interrupt the flow and consistency of the street wall to create lakefront views, even if they are across parking areas.

(4)

Enhance a sense of place and contribute to the sustainability of the township.

(5)

Allow a pattern of development which will encourage transportation alternatives (walking, biking, and transit) to reduce automobile dependence and fuel consumption.

(6)

Visually distinguish the waterfront area from the north village and downtown subdistricts by encouraging a purposely more fragmented development pattern which respects the shoreline, the downtown streetscape, and the existing residential fabric and by offering new opportunities to open up the Whitmore Lake community by adding new views to complement new buildings on aggregated sites.

(7)

Add value to formerly exclusive properties with shoreline frontage in close proximity to the downtown core.

(b)

Form-based regulations. Downtown buildings and sites will be developed in a manner which contributes to the character of the area and maximizes the value of the property by allowing taller structures if wider view sheds are created. All projects on WLD-W site not including single-family residences must comply with the following regulations:

*An unobstructed view has no permanent structures more than 36 inches in height from the right-of-way to the shoreline. The minimum width per story for unobstructed views must be preserved for that percentage throughout the entire site, regardless of varying width. For example, if a site is 100 feet wide at the right-of-way, it would require 33.3 feet of unobstructed width to permit a two-story building. If that site tapers to 60 feet in width at the shoreline, only 20 feet would be required to be unobstructed at that location.

Option 1: 1 Story

Option 2: 2 Stories

Option 3: 3 Stories

(c)

Residential area, bulk, and height regulations. Single-family residences in the WLD-W subdistrict shall be subject to the area, bulk, and height regulations applicable to the individual parcels prior to the adoption of the ordinance from which this chapter is derived.

(Ord. of 7-22-2013, § 30.07)

(a)

The north village (WLD-NV) subdistrict is intended to promote those same principles as the downtown subdistrict (WLD-D), but provides a unique opportunity for large-scale project planning and the incorporation of new streets or public spaces. Like the WLD-D, the WLD-NV promotes a unified vision for transforming the historic commercial core of the Whitmore Lake community focused on mixed-use development, increased land use intensity, and improved public amenities oriented as much to the needs of the pedestrian as to those of the automobile. The flexibility in use regulation inherent in the overall WLD regulations, paired with the prescriptive physical development regulations in the section, will result in a master planned compact, walkable environment that creates new opportunities for investment while protecting quality attributes of the existing area. These regulations are also intended to:

(1)

Support the incubation of a residential element within the nearby downtown core.

(2)

Continue a development pattern in which new buildings and building modifications enhance the character of the existing built environment.

(3)

Orient building entrances and storefronts to new streets and maneuvering lanes to add visual interest, put "eyes on the street" for enhanced crime surveillance, increase pedestrian traffic, and create memorable outdoor spaces.

(4)

Limit the impact of off-street parking areas which interrupt the flow and consistency of the street wall.

(5)

Enhance a sense of place and contribute to the sustainability of the township.

(6)

Allow a pattern of development which will encourage transportation alternatives (walking, biking, and transit) to reduce automobile dependence and fuel consumption.

(7)

Visually distinguish the downtown area from the north village and waterfront subdistricts by encouraging full use of property, consistency, and density while respecting adjacent residential areas.

(8)

Add value to property.

(b)

Form-based regulations. The WLD-NV shall observe the same form-based regulations as the WLD-D subdistrict. Buildings and sites will be developed in a manner which contributes to the character of the area, maximizes the value of the property, and creates a complementary street wall to the important historic buildings of the WLD-D. All development of undeveloped sites within the WLD-NV, however, will be subject to site plan review, regardless of the state of the subject site, under the provisions of article XXVIII of this chapter. Within the WLD-NV subdistrict, the following dimensional requirements shall apply:

*The required building line may be moved back up to 20 additional feet to a maximum of 30 feet beyond the property line for projects incorporating a permanent space for an outdoor cafe, public space, or a cross access drive with an adjacent parcel. Outdoor cafes or public spaces must be developed as part of the primary building and must incorporate a permanent wall or landscaping area along the required building line.

(Ord. of 7-22-2013, § 30.08)